1990 PLP 496 (PLC)
PUNJAB ROAD TRANSPORT CORPORATION Versus MUHAMMAD SIDDIQ
| Citation | 1990 PLP 496 (PLC) |
| Forum / Court | Labour Appellate Tribunal Punjab |
| Bench Members | Sardar Muhammad Abdul Ghafoor Khan Lodhi, Appellate Tribunal |
| Parties | PUNJAB ROAD TRANSPORT CORPORATION Versus MUHAMMAD SIDDIQ |
Q1: What are the key laws and sections cited in 1990 PLP 496 (PLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 496 (PLC)?
The case was heard and decided by the Labour Appellate Tribunal Punjab bench comprising: Sardar Muhammad Abdul Ghafoor Khan Lodhi, Appellate Tribunal.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 496 (PLC) (PUNJAB ROAD TRANSPORT CORPORATION Versus MUHAMMAD SIDDIQ). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Sajjad Hussain Bokhari for Petitioner.
- Date of hearing: 4th July, 1987.
Headnotes / Summary
Industrial Relations Ordinance (XXIII of 1969)‑‑ ‑‑‑S.38(3‑a)‑‑‑Payment of Wages Act (IV of 1936), S.17‑‑‑Revision‑‑‑Appellate order of Labour Court under S.17, Payment of Wages Act, 1936 relating to claim for calculation of gratuity on wages plus allowance based upon settlement‑‑ Authority as well as Labour Court not ascertaining and finding whether previously gratuity used to be calculated on allowances as well‑‑‑Appellate Tribunal accepting revision against order of Labour Court and remanding case for re‑decision as to whether workman claimant was entitled to gratuity on allowances and if so what kind of allowances could be calculated for such purpose. Respondent in person.
Judgment & Decree
‑‑‑S.38(3‑a)‑‑‑Payment of Wages Act (IV of 1936), S.17‑‑‑Revision‑‑‑Appellate order of Labour Court under S.17, Payment of Wages Act, 1936 relating to claim for calculation of gratuity on wages plus allowance based upon settlement‑‑ Authority as well as Labour Court not ascertaining and finding whether previously gratuity used to be calculated on allowances as well‑‑‑Appellate Tribunal accepting revision against order of Labour Court and remanding case for re‑decision as to whether workman claimant was entitled to gratuity on allowances and if so what kind of allowances could be calculated for such purpose. Sajjad Hussain Bokhari for Petitioner. Respondent in person. Date of hearing: 4th July, 1987. This is a revision reporting that the decisions dated 10‑3‑1987 of the learned lower Court delivered in its appellate jurisdiction and dated 5‑5‑1987 of the Authority under the Payment of Wages Act arc without jurisdiction and of no legal effect.
2. The dispute between the parties is about the calculation of gratuity on allowances. The petitioner has been allowed gratuity at 45 days per completed year on basic pay and the appellant did not calculate gratuity on allowances. In the settlement on the basis of which gratuity has been allowed only this much is recorded that the period is extended from 30 days to 45 days per completed year. Nothing is said in the settlement whether gratuity will be calculated on allowances as well. This is not known whether previously gratuity at the rate of 30 days per completed year was being given on the allowances also. Both the learned Courts below have said nothing in this respect. Certain allowances are such which do not fall within the definition of wages. If previously gratuity was being given under some settlement on basic pay only, the respondent could not claim gratuity on the wages or allowances at 45 days per completed year.
3. As a result the revision is accepted and the case is remanded to learned lower Court for re‑decision on the point whether the respondent is entitled, to gratuity on allowances, if so what kind of allowances can be calculated. A.E./389/Lb.P Revision accepted.